STATE v. BATTAGLIA

No. A96A0599.

470 S.E.2d 755 (1996)

221 Ga. App. 283

The STATE v. BATTAGLIA.

Court of Appeals of Georgia.

Reconsideration Denied May 6, 1996.


Attorney(s) appearing for the Case

Sara D. Yarbrough, Solicitor, for appellant.

Burkett, Schneider & Mumford, William Schneider, Conyers, for appellee.


BIRDSONG, Presiding Judge.

Appellee Joseph Dominic Battaglia was charged with DUI and failure to maintain lane. Jury trial was terminated by grant of the State's mistrial motion; thereafter, the State sought to retry appellee. Appellee filed a plea in bar and motion to dismiss upon double jeopardy grounds which was granted, and the State appeals.

The mistrial ruling occurred when appellee's counsel was cross-examining...

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